Congressional Record, Volume 144 Issue 97 (Monday, July 20, 1998)

[Congressional Record Volume 144, Number 97 (Monday, July 20, 1998)]
[House]
[Pages H5891-H5901]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

{time} 1630
BORDER SMOG REDUCTION ACT OF 1998

Mr. BILBRAY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 8) to amend the Clean Air Act to deny entry into the United
States of certain foreign motor vehicles that do not comply with State
laws governing motor vehicle emissions, and for other purposes, as
amended.
The Clerk read as follows:

H.R. 8

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Border Smog Reduction Act of
1998''.

SEC. 2. AMENDMENT OF CLEAN AIR ACT.

Section 183 of the Clean Air Act (42 U.S.C. 7511b) is
amended by adding the following new subsection at the end:
``(h) Vehicles Entering Ozone Nonattainment Areas.--
``(1) Authority regarding ozone inspection and maintenance
testing.--No noncommercial motor vehicle registered in a
foreign country and operated by a United States citizen or by
an alien who is a permanent resident of the United States, or
who holds a valid visa for purposes of employment or
educational study in the United States, may enter a serious,
severe, or extreme ozone nonattainment area from a foreign
country bordering the United States and contiguous to such
nonattainment area more than twice in a single 12-month
period, if State law has requirements for the inspection and
maintenance of such vehicles under the applicable
implementation plan in the nonattainment area. The preceding
sentence shall not apply if the operator presents
documentation at the United States border entry point
establishing that the vehicle has complied with such
requirements that are in effect and are applicable to motor
vehicles of the same type and model year.
``(2) Sanctions for violations.--The President of the
United States may impose and collect from the operator of any
motor vehicle who violates, or attempts to violate, paragraph
(1) a civil penalty of not more than $200, except that in any
case of repeated violations or attempted violations such
penalty may not exceed $400.
``(3) State election.--The prohibition set forth in
paragraph (1) shall not apply in any State which elects to be
exempt from the prohibition. Such election shall take effect
upon the President's receipt of written notice from the
Governor of the State notifying the President of such
election.
``(4) State election for other nonattainment areas.--
``(A) In general.--In the case of a State that is
contiguous with a foreign country and that contains an ozone
nonattainment area (other than an ozone nonattainment area to
which paragraph (1) applies), such State may elect for the
prohibition described in such paragraph to apply in the
State, or may elect to establish in accordance with
subparagraph (B) an alternative approach to facilitate the
compliance, by motor vehicles registered in foreign countries
and entering

[[Page H5892]]

such nonattainment area, with the motor vehicle inspection
and maintenance requirements in effect under the applicable
implementation plan in the nonattainment area and applicable
to motor vehicles of the same type and model year.
``(B) Alternative approach.--An alternative approach by a
State under subparagraph (A) is established in accordance
with this subparagraph if the Governor of the State submits
to the President a written description of such approach and
the President approves the approach as facilitating
compliance for purposes of such subparagraph.
``(C) Effective date regarding state election.--If a State
makes an election under subparagraph (A) for an alternative
approach, the alternative approach takes effect in the State
one year after the date on which the President approves the
approach. If the State makes the other election under such
subparagraph, the prohibition described in paragraph (1)
takes effect in the State 180 days after the President's
receipt of written notice from the Governor of the State
notifying the President of such election.
``(5) Alternative approach regarding serious, severe, and
extreme areas.--In the case of a State containing an ozone
nonattainment area to which paragraph (1) applies, paragraph
(4) applies to the State to the same extent and in the same
manner as such paragraph applies to States described in such
paragraph, subject to paragraph (3).
``(6) Definition.--For purposes of this section, a serious,
severe, or extreme ozone nonattainment area is a Serious
Area, a Severe Area, or an Extreme Area as classified under
section 181, respectively, other than any such area first
classified under such section after the date of the enactment
of the Border Smog Reduction Act of 1998.''.

SEC. 3. GENERAL PROVISIONS.

(a) In General.--The amendment made by section 2 takes
effect 180 days after the date of the enactment of this Act.
Nothing in such amendment shall be construed to require
action that is inconsistent with the obligations of the
United States under any international agreement.
(b) Information.--As promptly as practicable following the
enactment of this Act, the appropriate agency of the United
States shall distribute information to publicize the
prohibition set forth in the amendment made by section 2 and
its effective date.

SEC. 4. STUDY BY GENERAL ACCOUNTING OFFICE.

(a) In General.--The Comptroller General of the United
States shall conduct a study of the impact of the amendment
made by this Act, as described in subsection (b).
(b) Contents of Study.--The study under subsection (a)
shall compare the potential impact of the amendment made by
this Act on air quality in ozone nonattainment areas affected
by such amendment with the impact on air quality in the same
areas caused by the increase in vehicles engaged in commerce
operating in the United States and registered in, or operated
from, Mexico, as a result of the implementation of the North
American Free Trade Agreement.
(c) Report.--Not later than July 1, 1999, the Comptroller
General of the United States shall submit to the Committee on
Commerce of the House of Representatives, and the Committee
on Environment and Public Works of the Senate, a report
describing the findings of the study under subsection (a).

The SPEAKER pro tempore (Mr. Stearns). Pursuant to the rule, the
gentleman from California (Mr. Bilbray) and the gentleman from Ohio
(Mr. Brown) each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Bilbray).

General Leave

Mr. BILBRAY. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on H.R. 8, and to insert extraneous material on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. BILBRAY. Mr. Speaker, I yield myself such time as I may consume.
(Mr. BILBRAY asked and was given permission to revise and extend his
remarks.)
Mr. BILBRAY. Mr. Speaker, I rise in strong support of the Border Smog
Reduction Act of 1998.
Mr. Speaker, H.R. 8 is a bipartisan, common sense bill which will
improve and protect both the environment and the public health by
requiring the Federal Government to participate in the enforcement of
existing air pollution control laws at our borders, laws which have
been de facto mandated from the Federal level. At the heart of this
bill is a basic issue of fairness, in addition to a clear opportunity
to improve the public health and protect the air quality.
The chairman of the Subcommittee on Oversight and Investigations, the
gentleman from Texas (Mr. Barton) was an original cosponsor of the bill
and brought back much information from Texas. I would like to point out
the help I received from the gentleman from Florida (Mr. Bilirakis),
and the gentleman from Virginia (Mr. Bliley), both of whom provided
encouragment and extensive work during this process. Their support has
been second to none. I also appreciate the hard work of their staffs
that they devoted to H.R. 8.
I would also like to thank my colleague, the gentleman from Texas
(Mr. Reyes), a new addition to this Congress, whose firsthand
experience along the border has been extremely beneficial and has
complemented the extensive input that I have received from the Customs
and the INS agents in the San Diego region. I am also grateful for the
support of my colleagues from the California delegation who have helped
me out immensely in this process, and also my colleagues on the
Committee on Commerce.
I would specifically like to thank my subcommittee colleagues who
took the time away from their own districts and families to attend an
informative field hearing on this issue which was held in San Diego on
November 18, 1997: the gentleman from Florida (Mr. Bilirakis), the
gentleman from Ohio (Mr. Brown), the gentleman from Iowa (Mr. Ganske),
and the gentleman from Texas (Mr. Green).
I would also like to emphasize the ongoing dialogue that I have had
with the Administration on this bill, specifically the Office of U.S.
Trade Relations, and the Environmental Protection Agency. My dialogue
with EPA Administrator Carol Browner and Assistant Administrator
Richard Wilson dates back to the 104th Congress when I first introduced
this legislation.
In meetings last fall, I received some very insightful and
appropriate perspective from our Trade Representative, Ms. Barshefsky.
In the time since, there has been what I would term a very productive
and fruitful exchange with the Administration, which has helped to
refine and polish H.R. 8 into the bipartisan legislation which was
unanimously approved by voice vote on June 24 by the full Committee on
Commerce.
I particularly appreciate assistant administrator Mr. Wilson's help
on this item, who met with me and staff on May 20 of this year. At that
meeting, we reviewed a modified draft of H.R. 8, which I had prepared
and provided to him in advance, and which he and his staff agreed
addressed a number of questions which EPA had previously expressed
about the bill. In this meeting, Mr. Wilson stated to me that ``if the
bill as now written were to come before the President, we (EPA) would
not recommend a veto.'' Mr. Wilson further stated that at that time the
EPA would favor an ``opt-in'' approach for other States, which was in
fact adopted during the committee consideration of H.R. 8.
I recognize and share the EPA's concerns about the ``opening-up'' of
the Clean Air Act, and I would like to again state clearly my resolve,
which has also been clearly stated by the gentleman from Virginia (Mr.
Bliley), that it is my intention, and also the intention of all of us
who support it, to keep this bill as it currently is: a narrow,
bipartisan rifle-shot to improve the Clean Air Act.
The Border Smog Reduction Act is a simple but practical bill, which
will increase the overall effectiveness of our air pollution control
strategies by providing the Federal Government with the authority,
which it currently lacks, to help States enforce existing law. H.R. 8
will ultimately allow Customs officers to deny entry into the United
States to foreign registered commuter vehicles which have not been
brought into compliance with our emissions control requirements.
As the Customs officers have explained to me, this authority will be
consistent with existing Customs pollution control requirements as they
now pertain to vehicles which are being imported for sale. H.R. 8
provides ample opportunity for the operators of these commuter vehicles
to have them brought into compliance prior to the law taking effect.
I would emphasize here that H.R. 8 is directed only at foreign-plated
commuter vehicles driven into the United States each day by foreign
nationals or U.S. citizens for the purpose of employment or education.
It will be the responsibility of the drivers of the vehicles to
demonstrate compliance with applicable State laws, or risk fines and
denial of access via that vehicle into the United States.

[[Page H5893]]

H.R. 8 does not specifically require the impoundment of vehicles;
Customs officers already have that authority to do so under existing
civil penalty procedures and can employ this at their discretion.
Customs agents have told me that once this bill has been implemented,
and border commuters are made aware of and understand the new
requirements, it is unlikely that commuters with vehicles which are not
in compliance will repeatedly attempt to drive those vehicles across
the border. Those that do would eventually be denied access to the
U.S., be subject to fines from Customs, and potentially to the
impoundment of the vehicles in question, again at the discretion of the
Customs agents, but only after repeated attempts to violate the law.
H.R. 8 will initially take effect in California only. However, it is
not exclusively U.S.-Mexico border legislation. I specifically made
certain that H.R. 8 extends enforcement authority to all border States
that may at some point wish to take advantage of it, and allows them to
have the flexibility to use it as they see fit, depending on the unique
situations that exist and vary from State to State. Other border States
which in the future may choose to take advantage of the authority
provided them by this bill could adopt either the California program,
or develop their own alternative in partnership with the Federal
Government. However, the bill imposes no mandates or requirements on
eligible border States.
Let me at this point again specifically thank the men and women of
the Immigration and Naturalization Service and the Customs Department
who actually man the ports of entry at San Ysidro and Otay Mesa, and
whose expertise and perspective was essential in helping me to refine
H.R. 8 since I first introduced the bill in the 104th Congress.
Mr. Speaker, I have here letters from the National Treasury Employees
Union Chapter 105, and the American Federation of Government Employees
Local 2805 in support of H.R. 8, and I would ask to include them in the
Record at the appropriate time. I also have several other documents,
including resolutions of support from the Air Pollution Control
Districts of San Diego County, Riverside County, and San Bernardino
County which I will include also in the Record:
National Treasury Employees

Union, Chapter 105,

San Ysidro, CA, May 14, 1998.
Hon. Brian Bilbray,
Forty-ninth Congressional District, Washington, DC.
Dear Congressman Bilbray: On April 17, I met with you and
your staff in San Diego regarding H.R. 8, the Border Smog
Reduction Act. This meeting was to clarify questions about
H.R. 8. It was also to determine if the everyday line
inspectors thought the bill was workable and could be
effectively implemented, without having a negative impact on
the primary mission of Customs, drug interdiction, or
creating longer traffic waits at the border.
In our meeting you clarified that this bill would only
target, and be applicable to, foreign plated commuter
vehicles being driven across the border by U.S. citizens,
resident aliens, or aliens with a valid visa for purposes of
employment or educational study in the United States. This
bill would not impact vehicles which are properly registered
in California as such vehicles already have emission
certification. H.R. 8 would not affect the residents of
Mexico who cross into and out of the United States on a daily
basis, to do everyday business, nor would it affect tourists
who come across the border to shop, visit friends or family
and so forth.
We also talked about how H.R. 8 would work, and what the
requirements of the Customs Inspector would be regarding the
vehicles in question. It was further clarified that under the
bill, the responsibility of the inspector would be to check
if the vehicle was registered in California, therefore having
smog certification. This could be done via computer or
physically seeing proof of registration. If the vehicle was
not registered in California the driver would have to show
the inspector some documentation verifying smog
certification. If it could not be proven that the vehicle in
question was either registered in California or had smog
certification, after the third attempt to enter the United
States, the vehicle would be denied access to the United
States and redirected to the country of origin.
We discussed the need for incorporation into the bill of a
60-90 day ``grace'' period, between the enactment of the bill
into law and its actual implementation. This period would be
used as an educational and awareness-raising process to
inform the regular border commuters whose vehicles would be
required to comply with H.R. 8.
Given the above understanding, implementation of H.R. 8 is
a practical reality, and would simply build upon Customs'
existing pollution control enforcement practices. Currently
we are required to ensure that vehicles which are
manufactured in Europe, Japan, Mexico, or elsewhere meet both
United States and California auto emission and safety
standards prior to being driven into the United States by
United States citizens or foreign nationals residing in the
United States.
If these vehicles are found not be in compliance, do not
have the required safety features, such as safety glass, nor
an Air Pollution Control device installed, they are returned
to the country of origin. This is allowed to happen once. If
a United States citizen, or foreign national residing in the
United States, attempts to drive the vehicle in question
across the border into the United States, and the vehicle
cannot be shown, by physical inspection, to meet Department
of Transportation safety standards nor have an air pollution
device installed it is seized by Customs.
H.R. 8 would merely expand Customs existing authority to
enforce air pollution standards, by requiring compliance of
foreign-plated vehicles driven into the United States by
United States citizens, or by foreign nationals with visas
for purposes of employment or education. Based on our
discussion and my own years of practical experience at the
border, I believe that this bill can work and will serve to
reduce air pollution from these cross border mobile sources.
This bill will not result in excessive or unrealistic work
load for individual Customs line inspectors. Nor will the
bill interfere with our primary mission, seizure of narcotics
or other contraband, or cause excessive traffic wait times.
NTEU Chapter 105 still supports H.R. 8. Please let me know if
I can be of additional assistance on this important matter.
Sincerely,
Robert Clark,
President NTEU 105.
____

AFGE Local 2805,

San Diego, CA, June 12, 1998.
Hon. Brian P. Bilbray,
U.S. House of Representatives, Washington, DC.
Dear Representative Bilbray: On June 8, 1998, Local Vice
President Anthony J. Cerone and I met with you at your San
Diego office.
At that meeting we presented our affirmative position on
H.R. 3251. That law would define ``severe economic
conditions'' and establish a standard for formulating annual
pay raises for federal employees under the Federal Employees
Pay Comparability Act. This law would benefit San Diego
County's 160,000 federal employees, our families, and the
local economy. We are encouraged that you will support this
critical piece of legislation.
You also introduced and explained H.R. 8, the Border Smog
Reduction Act, to us. This Amendment to Section 183 of the
Clean Air Act was authored by you. We believe this
legislation would effectively eliminate a portion of the
vehicle exhaust producing pollution at our international land
ports of entry. Daily our immigration inspectors are exposed
to high levels of these pollutants.
In August of 1997, the National Institute for Occupational
Safety and Health (NIOSH), conducted a heath hazard
evaluation at the San Ysidro, California, International Port
Of Entry. That study determined that immigration inspectors
are exposed to carbon monoxide levels that are ``. . . above
NIOSH criteria''. We believe this U.S. government agency
study conclusively supports your position in creating and
introducing legislation, H.R. 8, that would protect our
employees, our citizens, and our environment.
In behalf of the 3,000 employees of this local and those of
the western region, I fully support this valuable piece of
legislation and am committed to assisting you in its passage.
If there is any further assistance I can render in your
pursuit of this bill, please do not hesitate to contact me.
Sincerely,
R. Michael Magee,
National Vice President, Western Region.

National Institute for Occupational Safety and Health (NIOSH)

INS Inspections at the San Ysidro POE

In August of 1997, NIOSH representatives conducted a health
hazard evaluation at the San Ysidro Port of Entry (POE). We
looked into employee and management concerns about exposure
to vehicle exhaust and noise. This sheet summarizes our
evaluation and findings.

WHAT NIOSH DID

We focused on worker exposures in the primary and pre-
primary inspection areas of lanes 1-24.
We tested the air for vehicle exhaust emissions. The
specific chemicals we tested for were carbon monoxide, carbon
dioxide, lead, and hydrocarbons (benzene, ethyl benzene,
total xylenes, toluene, hexane, pentane, octane, and
heptane).
We measured noise levels inspectors encounter during the
day. We measured noise levels in each inspection booth.
We looked at the ventilation systems providing air to the
24 inspection booths.
We looked at the ventilation systems removing air from the
24 inspection lanes.

WHAT NIOSH FOUND

(The full report lists the actual chemical levels NIOSH
found and explains how those chemicals may affect the health
of the exposed employees.)
Inspectors were exposed to one-minute peaks of carbon
monoxide that are above NIOSH critiera.
Job rotation reduced carbon monoxide exposures to
acceptable levels for the whole work day.

[[Page H5894]]

The levels of carbon monoxide were higher in the pre-
primary inspection area than they were in the primary
inspection area.
Lead, carbon dioxide, noise, and hydrocarbon levels were
below all exposure criteria.
The supply air to booths 1-24 is not balanced. Some booths
get too much air, others don't get enough.
The exhaust air vents in lanes 1-24 is not strong enough to
remove vehicle exhaust emissions.

WHAT TO DO FOR MORE INFORMATION

We encourage you to read the full report. If you would like
a copy, either ask your health and safety representative to
make you a copy or call 1-800-35-NIOSH and ask for HETA
report # 97-0291-2681.

WHAT INS MANAGERS CAN DO

Local exhaust ventilation and booths should be built in the
pre-primary inspection area.
INS inspectors should be limited to one 15-minute shift per
day in the pre-primary inspection area until appropriate
exhaust ventilation and booths can be built.
Any INS inspector who works for 15-minutes in the pre-
primary inspection area should not work around automobile
exhaust for any other part of the work shift.
The exhaust ventilation in lanes 1-24 should be increased
to capture more vehicle exhausts.
The supply ventilation to the booths should be balanced so
that air flow is equal in each booth. This should help reduce
noise levels in some booths.
The set point on the canopy dilution fans should be lowered
from 35 ppm to 25 ppm of carbon monoxide.
A hearing conservation program should be started for
officers who qualify their weapons on a firing range.
An ongoing program of evaluating personal carbon monoxide
exposures should be started.

WHAT INS EMPLOYEES CAN DO

Don't work for more than 15-minutes in the pre-primary
inspection area, until local exhaust ventilation and booths
can be built.
If you work in the pre-primary inspection area for 15-
minutes, don't work in any other area of vehicle exhaust
exposure for your entire work shift.
Spend as much time as possible in the booths when
conducting inspections.
Pregnant workers, and workers with heart disease or
respiratory disease are more susceptible to carbon monoxide.
Consult your doctor about your personal situation.
Inspectors should avoid changing ceiling dampers in the
booths.
____

Contact: Darren Pudgil/531-5511, Date: October 23, 1996

Supervisors Endorse Bill Requiring Vehicles Crossing U.S. Border To Be
Smog-Certified

San Diego--The county Board of Supervisors today took aim
at regional air pollution, and voted to support federal
legislation requiring U.S. Customs agents to deny entry to
vehicles that do not meet California emission standards.
The bill (H.R. 8), introduced by Congressman Brian Bilbray,
would apply to those who possess a valid green card and
commute to work regularly in San Diego. It would not apply to
those who periodically cross the border for tourism- and
commerce-related purposes.
``Our border with Mexico is a vibrant region, and our
neighbors in Mexico are part of San Diego's economic
vitality,'' said Congressman Brian Bilbray, who testified
before the Board. ``However, that does not mean that
environmental laws and standards should only be honored by
San Diego commuters and ignored by commuters from Mexico.
This legislation will allow Customs officials to enforce our
clean air laws, so that we all breath cleaner, healthier
air.''
``Air quality in San Diego County continues to be a high
priority for this Board, and this bill will serve to improve
air quality in the San Diego-Tijuana air basin,'' said
Supervisor Greg Cox, who represents southern San Diego
County, including the San Ysidro and Otay Mesa ports of
entry.
In San Diego, the legislation would require Customs
officials to inspect cars headed northbound for the proper
emissions inspection sticker. If cars entering the United
States have not been ``smogged'' to California air quality
standards, drivers will be given written notice, and it will
be recorded by Customs officials.
After the initial warning and notice, drivers without a
properly smogged vehicle, who try to cross the border will be
denied on the second attempt. Customs officials will be able
to impound the vehicle and/or fine the driver on the third
attempt to enter the U.S. with proper smog certification.
The bill is expected to be deliberated by Congress next
spring.
____

Mojave Desert Air Quality

Management District,

Victorville, CA, April 28, 1997.
Hon. Brian Bilbray,
U.S. House of Representatives, Washington, DC.
Dear Representative Bilbray: Enclosed please find a
Resolution of the Mojave Desert Air Quality Management
District supporting a change in the law to require certain
motor vehicles entering the United States on a regular basis
to comply with California or other applicable state motor
vehicles emission laws. The proposal has been introduced in
H.R. 8 (Bilbray, Barton, Bono, Calvert, Condit, Cunningham,
Filner, and Hunter).
The legislation is trying to address the problem created by
the residents who live in the communities near the United
States-Mexico border, register their vehicles in Mexico, and
escape compliance with state motor vehicles emission laws.
Many such residents cross the border on a daily basis for
work, school, or travel extensively in the United States and
who contribute substantially to the region's air pollution
problems.
The legislation provides for education and then progressive
enforcement. Enforcement would include giving of notice,
imposing fines, and eventually impounding the non-compliant
vehicles.
On behalf of the citizens of the Mojave Desert Air
District, I am urging you to support H.R. 8 because it would
help California comply with the requirements of the Federal
Clean Air Act. If you have any questions, please feel free to
call me or Fazle Rab Quadri, District Counsel, at 760/245-
1661 extension 5034.
Sincerely,
Larry Bowden,
Chair Mojave Desert AQMD.
Enclosure

A Resolution of the Governing Board of the Mojave Desert Air Quality
Management District in Support of H.R. 8-Border Smog Reduction Act of
1977.

On March 24, 1997, on motion by Member LOUX, seconded by
Member WILSON, and carried, the following resolution is
adopted:
WHEREAS, the Federal Clean Air Act (FCAA; 42 U.S.C.
Sec. Sec. 7401 et seq.) requires the designation of air
quality control regions in regards to the National Ambient
Air Quality Standards (NAAQS) (FCAA Sec. 107(d); 42 U.S.C.
Sec. 7407(d)); and classification in regards to ozone and its
precursors (FCAA Sec. 181(a); 42 U.S.C. Sec. 7511(a)) as
promulgated by U.S. EPA; and
WHEREAS, many persons, either residing in the United States
or in the border communities in Mexico register their motor
vehicles in Mexico; and
WHEREAS, the San Diego Air Pollution Control District has
found that roughly 70,000 communter vehicles registered in
Mexico cross the border into the United States on a daily
basis and produce thirteen percent (13%) of the region's
total; air pollution; and
WHEREAS, many of these persons work, attend educational
institutions or travel extensively within Southern
California; and
WHEREAS, many of the motor vehicles utilized by these
persons to commute and travel within Southern California do
not comply with California standards for motor vehicle
tailpipe emissions; and
WHEREAS, these unregulated, noncompliance motor vehicles
are detrimental to the efforts of the local air districts to
comply with the mandates of the FCAA; and
WHEREAS, motor vehicles emit Volatile Organic Compounds
(VOC) and Oxides of Nitrogen (Nox) which are precursors to
ozone formation; and
WHEREAS, nine percent (9%) of the VOC and nine percent (9%)
of the Nox generated in the South Coast Air Quality
Management District is attributable to non-commercial motor
vehicles registered both in the United States and Mexico; and
WHEREAS, ten percent (10%) of the VOC and four percent of
the Nox in the Mojave Desert Air Quality Management District
(MDAQMD) is attributable to non-commercial motor vehicles
registered in the United States and Mexico; and
WHEREAS, these detrimental effects are compounded within
the MDAQMD due to the overwhelming impact of transported air
pollution from upwind area; and
WHEREAS, area in the MDAQMD is designated non-attainment
for NAAQS and classified Severe-17 for ozone thereby requires
extensive efforts to reduce air pollution; and
WHEREAS, U.S. Representatives Brian Bilbray (R-49-CA), Joe
Barton (R-6-TX), Sonny Bono (R-44-CA), Ken Calvert (R-43-CA),
Gary Condit (R-18-CA), Randy (Duke) Cunningham (R-51-CA), Bob
Filner (D-50-CA), and Duncan L. Hunter (R-52-CA) have
introduced a bill H.R. 8, which would amend the FCAA to allow
the denial of entry into the United States by certain foreign
motor vehicles that do not comply with State laws governing
motor vehicle emissions; and
WHEREAS, the enactment of H.R. 8 would benefit all non-
attainment areas in border regions of the United States as
well as those areas directly impacted by transported air
pollution from such non-attainment areas.
NOW THEREFORE BE IT RESOLVED that the Governing Board of
the Mojave Desert Air Quality Management District
respectfully urges the California delegation to support and
the United States Congress to enact H.R. 8 or other
legislation which lessens the impact upon non-attainment
areas of foreign motor vehicles which do not comply with
State laws governing motor vehicle emissions.
PASSED, APPROVED AND ADOPTED by the Governing Board of the
Mojave Desert Air Quality Management District.
I, Linda Beck, Clerk of the Governing Board of the Mojave
Desert Air Quality Management District, hereby certify the
foregoing to be a full, true and correct copy of the record
of the action as the same appears in the Official Minutes of
said Governing Board at its meeting of March 24, 1997.
Clerk of the Governing Board,
Mojave Desert Air Quality Management District.

[[Page H5895]]

____
Riverside County

Board of Supervisors,

Riverside, CA, June 16, 1997.
Hon. Michael Bilirakis,
Chairman, House Commerce Subcommittee on Health and
Environment, Rayburn House Office Building, Washington,
DC.
Dear Chairman Bilirakis: The Riverside County Board of
Supervisors supports legislation introduced by Congressman
Bilbray which would amend the Clean Air Act to deny the entry
of certain foreign motor vehicles which do not comply with
State laws governing motor vehicle emissions.
Congressman Bilbray's H.R. 8 would assist the County's in its efforts
to reduce air pollution from motor vehicles and ensure greater public
health and environmental protection resulting from cleaner air. Many
vehicles crossing the border from Mexico do not meet State and local
Federal air quality requirements control standards. The support of the
Federal government would be beneficial to local agencies such as the
County in its attempt to enforce State laws regarding vehicle emissions
and emission controls, inspections, and State vehicle registration
laws. Additionally, this legislation would improve the region's air
quality, moving the County a step closer in meeting the requirements of
the Clean Air Act.
Please take action as soon as possible on Congressman Bilbray's
measure or similar legislation which would prohibit the entry of
foreign motor vehicles which fail to comply with State laws on motor
vehicle emissions.
Sincerely yours,
Roger F. Honberger,
Washington Representative.

Resolution 97-130

supporting the border smog reduction act of 1997

Whereas, the Environmental Protection Agency requires
States to adopt vehicle emissions standards to attain
healthful air quality; and
Whereas, States have implemented these standards through
the smog certification process coupled with vehicle
registration; and
Whereas, foreign residents who commute to work or to school
in the U.S. are required to register their vehicles in their
State of employment in order to comply with applicable clean
air laws; and
Whereas, due to lack of enforcement, many of these
commuters drive cars which do not meet the smog standards
required by the State in which they work or study; and
Whereas, a study by the San Diego Air Pollution Control
District identified that commuter vehicles that cross the
border on a regular basis produce 13% of the region's total
vehicle air pollution; and
Whereas, the emissions produced by these vehicles is
detrimental to the efforts of otherwise stringent compliance
plans; and
Whereas, proposed legislation would require border commuter
vehicles to meet emissions standards or be denied access into
the U.S.; now therefore,
Be it resolved that the Board of Supervisors of the County
of Riverside, State of California, assembled in regular
session on May 27, 1997, does hereby support the Border Smog
Reduction Act of 1997; and be it further
Resolved that the Clerk of the Board forward copies of
Resolution 97-130 to the County's Washington Representative
for distribution to appropriate members of Congress,
Congressional staff and committees.

[From the San Diego Union-Tribune, Oct. 26, 1996]

Imported Smog--Vehicles From Mexico Add to Problem

With California cracking down on smog-belching vehicles in
its Smog Check II program, government must make sure that
commuters who live in Baja California but work on this side
of the border also comply with state emission limits.
Currently, Mexican residents and Americans who live in Baja
are supposed to register their vehicles here if they work on
this side of the border. That means they are supposed to
comply with California's smog standards.
But many don't, because the rules are not well enforced.
Many daily commuters drive cars registered in Mexico. And
some U.S. residents register their cars in Mexico to avoid
smog inspections and costly repairs in California.
A study by the San Diego Air Pollution Control District
showed that about 7,000 vehicles with Mexican plates, driven
by commuters, cross the border each day. These cars and
trucks produce 13 percent of the total vehicle air pollution
in our county. That's an astounding figure. Something needs
to be done about it.
The county Board of Supervisors this week endorsed
legislation by Rep. Brian Bilbray, R-Imperial Beach, that
would allow federal border inspectors to crack down on cars
that are registered in Mexico but are driven by people who
work north of the border. Bilbray, who is running for re-
election, says border inspectors already have the computer
technology to make such checks.
This is a good idea, one that Congress should pass next
year. If U.S. residents who properly register and maintain
their cars must comply with our state's rigorous smog
standards, then those who come here to work from Mexico must
too.
____

[From the San Diego Union-Tribune, Nov. 19, 1997]

Border Tour Boosts Bill to Compel Registration of Mexican Cars Here

(By Steve La Rue)

Congressmen from Florida, Ohio, Iowa and Texas stood in
clouds of auto exhaust at the San Ysidro border crossing
yesterday and said they understood what Rep. Brian Bilbray,
R-Imperial Beach, has been talking about.
They voiced support for Bilbray's bill to allow federal
officers at the border to enforce a law that requires
commuters from Mexico to register their vehicles in
California.
The measure also would have the effect of requiring these
vehicles to have smog checks every two years. Vehicle-related
air pollution could be cut as much as 13 percent as a result,
studies suggest.
``Existing law requires international commuters to have
their cars registered and smogged (in California), and that
law is not being enforced,'' Bilbray said.
``With economic opportunities should also come
environmental responsibilities.''
The occasion was a morning border tour for five members of
the House Commerce Subcommittee of Health and the
Environment, who later met at the County Administration
Center to hold the bill's first formal hearing.
Bilbray's bill would allow the U.S. Customs Service to
impound vehicles registered in Mexico and fine their drivers
if they attempt to commute into the United States in cars
that do not meet emission standards. The drivers would get
two warnings before their cars were impounded.
The law would affect at least 7,000 of the roughly 45,000
vehicles that cross the border at San Ysidro each day, said
Rudy Camacho, Customs Service director for Southern
California. Tourists would be exempt.
Mexican-registered vehicles produce disproportionate
volumes of smog, experts say, because many are not engineered
to comply with California standards or are not well-
maintained or have been stripped of smog control devices.
Currently, federal border officers have no power to detain
drivers of Mexican-registered vehicles on environmental
grounds, Camacho said.
Subcommittee Chairman Mike Bilirakis, R-Fla., said, ``We
don't want to do anything to prevent Mexican nationals from
coming here and making their living.''
But the U.S. environmental laws ``are tough on our own
citizens and, darn it, ought to be just as tough on those who
cross the border and make a living here,'' he said.
Bilbray's bill is expected to clear the subcommittee next
year.
____

[From the San Diego Business Journal Nov. 24, 1997]

Bilbray Urges Crackdown on Transborder Polluters--Bill Would Stop
Vehicles at Border to Protect Air

(By Pat Broderick)

Shocked. That's how U.S. Rep. Brian Bilbray described the
reactions of congressmen who accompanied him Nov. 18 on a
tour to examine transborder air pollution.
``This morning, we saw gross polluters,'' the San Diego
Republican said in an interview following the tour. ``We
watched smog and pollution flying out of vehicles (crossing
the border).
``It was eye-opening for the members of Congress who came.
Anyone with a pair of eyes or a nose will understand that
this pollution needs to be addressed.''
He was accompanied by Congressmen Mike Bilirakis, R-Fla.,
chairman of the House Commerce Subcommittee on Health and the
Environment; Greg Ganske, R-Iowa; Sherrod Brown, D-Ohio; and
Gene Green, D-Texas. They were briefed by U.S. Customs
Service officials during the tour.
Bilbray said he is trying to shore up support for HR-8, the
Border Smog Reduction Act he's cosponsoring, along with
Congressmen Joe Barton, R-Texas; Sonny Bono, R-Calif.; Ken
Calvert, R-Calif.; Gary Condit, R-Calif.; Randy Cunningham,
R-Cal.; Bob Filner, D-Calif.; and Duncan L. Hunter, R-Calif.
Introduced Jan. 7 in the House of Representatives, HR-8
would amend the Clean Air Act to deny entry into the United
States to any foreign vehicle that doesn't comply with state
laws governing motor vehicle emissions.
Currently, Bilbray said, there is nothing customs officials
can do to stem the rising tide of polluting vehicles.
``Technically, people who are coming to work with
unregistered cars are in violation of existing statutes,''
Bilbray said. ``But customs agents who have witnessed this
are not authorized to turn cars back. They have no authority
to address any of those environmental issues.''
Consequently, he said, the lack of enforcement has led to a
critical pollution problem.
According to a fact sheet on HR-8:
A study by the San Diego Air Pollution Control District
found that, in San Diego County, some 7,000 commuter vehicles
registered in Mexico cross the border on a daily basis. The
commuter population alone produces 13 percent of the region's
total vehicle air pollution.
Mexican residents, including some Americans who live in
Mexico but commute to

[[Page H5896]]

work or to school in the United States, are required to
register their vehicles in their state of employment to
comply with clean air laws.
Due to lack of enforcement, many of these commuters drive
cars that don't meet the smog standards required by the state
in which they work or study.
A majority of these cars are registered in Mexico, some by
U.S. residents who do so to avoid expensive vehicle emission
control inspections and repairs required by the state,
according to the fact sheet.
``I have neighbors who had done this,'' Bilbray said.
HR-8, he said, would give commuters three chances to come
into compliance with the law.
Noncomplying Mexico-registered vehicles would be noted in
the computer at the U.S. border point of entry and the driver
would be warned.
Drivers who attempt to enter the United States more than
twice in a single 12-month period would be found in violation
of the law, and be subject to a fine of $200.
If the fine isn't paid at the time entry is attempted,
customs would be authorized to impound the car until the fine
is paid.
But Peter M. Rooney, secretary for the California
Environmental Protection Agency, said that impounding cars
isn't the answer.
Rooney recalled the march last year of 15,000 irate
Californians to the state Capitol building when they heard
rumors their cars could be impounded for smog check
violations.
``It was an all-day rally, a cross-section of California,''
he said, ``solid citizens who felt deeply that confiscating
people's cars is not the proper way for government to respond
to social issues.''
Pointing to the fact that California has the nation's
strictest pollution standards for autos, he said, ``We don't
exclude others from coming in.''
As for possible solutions, Rooney said he expected that new
cars being sold in Mexico are of higher quality than older
ones, potentially easing the cross-border problem. The
cleaner California fuel, he added, also could have an impact.
``If American petroleum companies start selling fuel in
Tijuana and Mexicali, we have the opportunity to have fuels
that are formulated for California to be sold there and get
the benefit.''
Overall, Rooney said, there only is so much a state can do
to ensure air quality.
``I don't think the state of California is in a position to
step into an area that has a cross-border jurisdiction,'' he
said. ``We do have the duty to our citizens to make the air
as clean as possible. But there are certain limits to what we
can do.
``We hope the citizens of San Diego will maintain their
vehicles at a level that is in the best interest of everyone,
and that the fuel in this state is cleaner fuel. But on the
other side of the border, it's out of our control.''
Meanwhile, Bilbray said he hoped that the shocked response
of his fellow congressmen during the tour will lead to
bipartisan support of the bill, and perhaps, action by March.
``Without this bill, you've got a huge gaping hole in air
pollution strategies,'' Bilbray said.

[From the San Diego Daily Transcript, Nov. 19, 1997]

Bilbray Pushes for Law on Border Emission Standards

(By Chris Diedoardo)

San Ysidro.--Although thousands of illegal immigrants and
hundreds of pounds of illicit narcotics cross the border with
Mexico every year, Rep. Brian Bilbray, R-San Diego, has
declared war on a new enemy; smog.
``Gentlemen, this is what we call no-man's land,'' Bilbray
said to a group of congressmen visiting the clogged vehicle
intake lines at the San Ysidro border crossing on Tuesday.
``While we generally don't think of the U.S. Customs Service
as an environmental agency, they really need to be.''
The delegation was in town to drum up support for H.R. 8,
which is intended to bar Mexican vehicles from the U.S. that
don't meet California's emissions standards.
``Current air pollution laws say if you work in San Diego,
your car is supposed to be smogged in San Diego County,''
Bilbray said.
Unfortunately, since the U.S. Customs Service currently
lacks authorization to inspect incoming vehicles to determine
if they are in compliance, Bilbray said thousands of
commuters from Mexico are evading the regulatory net.
``With the rights of economic opportunity come
environmental responsibilities,'' Bilbray said. ``And you
have a lot of U.S. residents that register their cars in Baja
California to avoid California's regulations.
``There's a real fairness issue here when California and
the Environmental Protection Administration are talking about
stricter smog regulations and yet you've got people who
aren't playing by the rules now.''
Under the provisions of the bill, drivers who couldn't
produce proof the vehicle was in compliance with state law
the first two times they crossed the border would be given
verbal warnings. On the third attempt, they would be denied
entry and either fined or face the impound of their vehicle.
Although tourists and those visiting relatives would be
exempt from the proposed requirements, some observers wonder
if it will be viewed as another de facto barrier between the
two nations.
Bilbray dismissed such suspicions as groundless.
``Anybody can take anything as an `anti-' measure,'' he
said. ``It's a pro-environmental measure.
``No matter what country you come from the laws ought to be
enforced and the environment protected.''
According to a recent study by the San Diego Air Pollution
Control District, 7,000 commuter vehicles cross at San Ysidro
and Otay Mesa every day. In the district's view, that traffic
accounts for 13 percent of the region's air pollution.
But others question whether Bilbray is trying to cage the
wind.
``There's a reason behind registering the car in Tijuana
and not in the U.S. and it's an economic reason,'' said
Lourdes Sandoval, a spokeswoman for the Mexican Consulate in
San Diego, who added that those factors would probably
preclude most commuters from bringing their vehicles up to
code.
``It will be very difficult to enforce,'' Sandoval said.
``And the amount of people that would be covered under this
bill is so small that I don't think it would affect the
pollution in San Diego.''
Another concern is the additional burden the bill would
place on customs officers, who already must deal with between
40,000 and 45,000 cars per day.
``It would take a little extra time,'' said Bobbie Cassidy,
a spokeswoman for the customs service, as she pointed to the
seemingly endless lines of vehicles waiting to enter the U.S.
Tuesday morning. ``But you can see what a little extra time
with each car would create.''
Rudy Camacho, director of the San Diego field office, said
he agreed but that the problem would be mitigated with the
passage of time.
``It will be interesting,'' Camacho said. ``Initially, it
will be a time-intensive operation which would drop off as
people learned the requirements.''
However, Bilbray wants to give Camacho and his officers
some high-tech help, courtesy of Tucson-based Remote Sensing
Technologies.
The Tucson-based firm manufactures remote emissions
sensors, which can determine how much carbon monoxide a
vehicle is releasing into the atmosphere.
Under Bilbray's plan, one or more of the devices would be
installed in the secondary inspection area, where they would
function as a secondary line of defense.
``You cannot fool the system,'' said Niranjan Vescio, RST's
director of marketing. ``There are many pieces of information
it looks for before it makes a judgment.''
However, as the sensors were being demonstrated several
customs officers were busy in the secondary inspection area
in pursuit of a different type of information.
Though the timing was ironic, it offered Camacho a golden
opportunity to state what his agency's main priority was.
``I don't want my boys looking for emissions when they
should be looking for dope,'' he said, after several agents
seized 177 pounds of marijuana hidden inside a car's tires
and behind the dashboard.
____

[From the San Diego Union-Tribune, June 25, 1998]

Panel OKs Bill To Curb Border's Smog-Belchers

(By Dana Wilkie)

Washington.--It soon could be easier to crack down on smog-
belching cars that come from Mexico into San Diego County
under a bill that passed a key House committee yesterday.
The legislation by Rep. Brian Bilbray, R-Imperial Beach,
would let border agents fine drivers and eventually impound
cars if the vehicles were not registered in California with
proper smog-check certification.
As ``someone who's lived with all these (pollution)
problems my whole life, I'm excited'' about passage of the
legislation, Bilbray told the House Commerce Committee, which
approved his bill on a unanimous voice vote.
``For those of us along the frontier, we felt for so long
that nobody gave a damn, that it was sort of like this part
of America was sold out,'' he said.
The legislation, which applies only to California, requires
approval of the full House, and then would move to the
Senate. Final action is unlikely until late summer or early
fall.
Mexican-registered vehicles produced disproportionate
volumes of smog, experts say, because many are not engineered
to comply with California standards, are not well-maintained
or have been stripped of smog-control devices.
Bilbray's legislation would affect at least 7,000 of the
estimated 45,000 vehicles that cross the San Diego-Tijuana
border each day. Drivers would get two warnings before their
cars were impounded.
Bilbray, a member of the committee, said fines and
impoundments of smog-belching cars could cut vehicle-related
air pollution as much as 13 percent.
California law already requires international commuters to
have their cars registered in California and checked every
two years to make sure that emissions do not exceed
California limits.
Federal border agents, however, have no power to detain
drivers of Mexican-registered vehicles on environmental
grounds. Bilbray's legislation, HR-8, would give them that
authority.

[[Page H5897]]

The congressman said it is simple for agents to ensure that
border commuters have had smog checks simply by entering
license plate numbers into a computer database.
Some lawmakers said they were concerned that the bill does
not address commercial vehicles, only passenger cars. A
Bilbray aide explained that including commercial vehicles
would open ``a Pandora's box of problems'' which could hinder
cross-border commerce under the North American Free Trade
Agreement.
Rep. Ron Klink, D-Pa., expressed worry that Bilbray's
legislation might distract border agents from the more
pressing duties of intercepting illegal drug traffic and
illegal immigrants.
``I have concerns about the smog coming from the tailpipes
of these vehicles, but in the whole scheme of things it seems
. . . less of a priority,'' Klink said.
Bilbray assured him that U.S. Customs Service agents do not
believe that the legislation would create ``unacceptable or
unrealistic workloads . . . nor interfere with'' the
interception of illegal drugs and illegal immigrants.
____

[From Environment & Energy Mid-Week. June 25, 1998]

Border Smog Bill Wins Bipartisan Backing in House Commerce Markup

[By Neil Franz]

Rep. Brian Bilbray (R-Calif.) succeeded on Wednesday in
gaining the support of key Democrats for an amended version
of the Border Smog Reduction Act, and the House Commerce
Committee was at press time preparing for what seemed a
noncontroversial final vote. Addressing concerns of ``opening
up'' the Clean Air Act, which H.R. 8 amends, Chairman Tom
Bliley (R-Va.) pledged to do everything in his power to keep
the bill narrow and suggested the House leadership proceed on
the floor under suspension of the rules.
Written by Bilbray, who represents the San Diego area, H.R.
8 changes the CAA to deny entry into the United States any
foreign vehicles that do not comply with state laws governing
motor vehicles emissions. Some Mexicans, as well as
Americans, who live in Mexico but commute to the United
States are apparently ignoring the federal law's directive to
have their vehicles registered in their working state--
controlling the tailpipe emissions being the focust--because
federal agents are not permitted to enforce the mandate,
Bilbray said. State officials do not have authority at the
border on the issue, while Mexico is notoriously loose in
comparison on environmental standards.
The bill ``makes a great deal of sense,'' said Rep. Henry
Waxman (D-Calif.).
Resulting from a number of concerns expressed at a June 19
subcommittee markup, Bilbray added a major qualification: the
legislation only applies to the California border and states
may choose to ``opt in'' on the mandates of H.R. 8, not ``opt
out.'' States may also choose to develop their own plan to
address the problem, subject to approval of the president.
The U.S. Environmental Protection Agency and many Democrats
had noted serious reservations about the broader implications
of the original H.R. 8; Michigan Rep. Bart Stupak (D) sought
to exempt all states bordering Canada, where air pollution is
less of a concern.
____

[From Regulation, Law & Economics, June 25, 1998]

House Panel OKs Bill To Bar U.S. Entry of Cars Into Ozone Nonattainment
Areas

(By Cheryl Hogue)

Federal border crossing officials could prevent cars from
regularly crossing from Canada or Mexico into U.S. areas that
violate federal ozone standards, under legislation approved
June 24 by the House Commerce Committee.
Under its carefully worded provisions, only California
would automatically be covered by the bill (H.R. 8). But
other states ask to be covered, according to the bill, which
was approved by voice vote.
The prohibition would apply only to cars crossing into U.S.
regions contiguous with ozone nonattainment areas in states
requiring inspection of tailpipe emissions, according to the
measure. It would apply only to noncommercial vehicles that
go over the border more than twice during any 12-month
period.
As introduced, the bill applied to both Canada and Mexico.
But the Commerce Subcommittee on Health and Environment
amended the bill to apply to ``a foreign country bordering
the United States . . . other than Canada.''
But the bill's sponsor, Rep. Brian Bilbray (R-Calif.),
offered an amendment, adopted by the full committee in a
voice vote, that would make no exception for cars coming from
Canada. But the amendment also narrowed the legislation to
apply automatically only to states with an I/M program and to
nonattainment areas classified as serious, severe, or
extreme. A Bilbray staffer said only California now meets all
these criteria.

Election of Coverage

Bilbray said H.R. 8 is aimed at commuters who live in
Mexico and work in California. However, he said, the bill
allows other border states with I/M programs voluntarily to
elect to have the prohibition apply to their ozone
nonattainment areas not classified as serious, severe, or
extreme but that are contiguous to the border.
Under Bilbray's amendment, a state electing this coverage
could also come up with ``an alternative approach'' to its I/
M program ``to facilitate compliance by motor vehicles
registered in foreign countries.'' This alternative approach
would have to be approved by the federal government before
border agents would begin turning cars away, according to the
amendment.
Bilbray said these alternative plans could apply to
emissions from commercial vehicles--as well as noncommercial
ones--registered in a foreign country.

Implementation.

Bilbray said unions representing border patrol employees
have told him in writing that the bill could be implemented
in California without increasing agents' workloads,
distracting them from seizing illegal drugs, or causing
excessive lines at border crossings.
For each vehicle crossing the border now, license plate
numbers and the jurisdiction issuing the plate are entered
into a computer, Bilbray said. Border patrol computers are
already linked to the California data base for emission
inspections, he said, so that checking whether a foreign-
registered car had passed a California emission inspection
would be automated.
Under current federal law, U.S.-border agents can stop
entry into California of cars that have not passed state
emission inspections only if the vehicles will be sold in the
state, Bilbary said.

clean air act amendment

H.R. 8 would add a new provision to Section 183 of the
Clean Air Act.
California Rep. Henry Waxman, the senior Democrat on the
Commerce Committee, said he did not want the bill to be ``a
vehicle for other Clean Air Act amendments.''
Rep. Thomas Bliley (R-Va.), chairman of the Commerce
Committee, said he would do everything he could ``to see that
this bill is not expanded in any way.''
Bilbray said he, as author of the legislation, wants the
bill to remain as narrow and focused as possible.

nafta effect on air quality

The committee also adopted by voice vote an amendment to
H.R. 8 that would require the General Accounting Office to
study the effects of the North American Free Trade Agreement
on air quality around the border. Rep. Sherrod Brown (D-Ohio)
offered the amendment.
Brown said his amendment was not designed to prejudge
NAFTA's environmental effects. However, the trade deal has
significantly increased traffic, especially commercial
vehicles, crossing the U.S.-Mexico border, he said.

[From Environment & Energy Weekly, July 6, 1998]

Bilbray, Bliley Prep Smog Bill for Quick Floor Vote

(By Neil Franz)

A fast-moving House bill would amend the Clean Air Act, a
legislative move feared by most environmental groups. But
after winning bipartisan backing on June 24 for the Border
Smog Reduction Act and easily clearing the measure from the
full House Commerce Committee, Chairman Tom Bliley (R-Va.)
pledged to do everything in his power to keep H.R. 8 clean
and narrow. He, along with Health and Environment
Subcommittee Chairman Michael Bilirakis (R-Fla.) and the
bill's author, Rep. Brian Bilbray (R-Calif.), also suggested
the House leadership proceed under suspension of the rules
for a quick floor vote.
What happens if H.R. 8 reaches the Senate floor, though, is
beyond Bliley's reach, he said. Democrats on the panel
continually expressed their concerns about seeing the bill
transform into a vehicle for ``opening up'' of the CAA.
Introduced early last year by Bilbray, who represents the
San Diego area, H.R. 8 changes the act to deny entry into the
United States any foreign vehicles that do not comply with
state laws governing motor vehicle emissions. Some Mexicans,
as well as Americans, who live in Mexico but commute to the
United States are apparently ignoring the federal law's
directive to have their vehicles registered in their working
state--controlling the tailpipe emissions being the focus--
because federal agents are not permitted to enforce the
mandate, Bilbray said. State officials do not have authority
at the border on the issue, while Mexico is notoriously loose
in comparison on environmental standards.
The bill would therefore allow federal agents to enforce
the states' standards for non-commercial vehicle emissions,
thus helping to reduce smog. (Bilbray said he wishes to
address the noncompliance of commercial vehicle emissions
crossing the border at another time.) The CAA now only allows
federal agents to prevent vehicles not registered in the
states from crossing the border for sale.
The bill ``makes a great deal of sense,'' said Rep. Henry
Waxman (D-Calif.).
A study by the San Diego Air Pollution Control District
found that roughly 7,000 commuter vehicles registered in
Mexico cross the border every day. The study further said
this Mexico commuter population produces, by itself, 13
percent of the region's

[[Page H5898]]

total vehicle air pollution. The California Air Resources
Board of the state's Environmental Protection Agency has
pledged its support for the legislation, as have the Southern
California unions of federal border officials, Bilbray said.
Resulting from a number of concerns expressed at a June 19
subcommittee markup, Bilbray added a main criterion to the
bill: the legislation only applies to the California border
and states may choose to ``opt in'' on the mandates of H.R.
8, not ``opt out.'' States may also develop their own plan to
address the loophole in the CAA, subject to approval of the
president. The U.S. Environmental Protection Agency and many
Democrats had noted serious reservations about the broader
implications of the original H.R. 8; Michigan Rep. Bart
Stupak (D) sought to exempt all states bordering Canada,
where air pollution is less of a problem.
____

[From the Union-Tribune, June 27, 1998]

Smog Intervention--Bill Would Aim at Nabbing Mexican Polluters

As the largest city on the border, San Diego suffers
disproportionately from the growing volume of air pollution
generated by Mexican-registered vehicles that lack adequate
smog controls. That's why San Diegans should cheer the House
Commerce Committee's approval this week of a bill by Rep.
Brian Bilbray, R-Imperial Beach, to crack down on Mexican-
registered polluters.
California law requires Mexican-based autos that commute
daily into the state to meet California emission standards.
Most of these vehicles are owned by workers who live in
Mexico but have jobs in California. They include both
American and Mexican nationals.
The problem, however, is that U.S. border agents have no
legal authority to stop border commuters who lack California
smog-check certificates. Bilbray's legislation would close
that enforcement loophole, empowering U.S. agents to impound
the vehicles of border commuters who are repeat offenders of
California's air pollution laws.
He estimates the crackdown on Mexican-based polluters would
curb vehicular smog in San Diego by as much as 13 percent--a
very significant amount, considering that autos account for
the lion's share of our air pollution.
With the Commerce Committee's approval of the bill, it is
expected to win passage on the House floor later this year.
But it has no champion in the Senate. Without one, it will
die when Congress adjourns in the fall.
Bilbray's proposal applies to border crossings in
California only. Thus the only senators with a stake in it
are California Democrats Dianne Feinstein and Barbara Boxer.
Our hope is that they will team up to win Senate approval of
the House bill so that San Diegans can breathe a bit easier.
Mr. BILBRAY. Mr. Speaker, I would also like to emphasize my
appreciation for the cooperation and assistance which has been provided
by the California Air Resources Board and the California EPA. The
support and the perspective of these agencies have been invaluable in
this process.
With the increased enforcement under H.R. 8, gross-polluting vehicles
will be either repaired and brought into compliance, or simply left
parked in the driveway. This will have the initial direct effect of
removing the disproportionately high emissions of these vehicles from
our air, and hopefully the long-term, indirect effect of increasing
binational use of San Diego's public transit system which runs directly
to the border. In both situations, the health of the people of both San
Diego and Tijuana benefit, particularly vulnerable populations like
children and the elderly, as does the environment of the entire region.
Mr. Speaker, I urge the support of my colleagues for this common
sense and fair piece of legislation named H.R. 8, the Border Smog
Reduction Act of 1998.
Mr. Speaker, I reserve the balance of my time.
Mr. BROWN of Ohio. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise to express my support for H.R. 8, the Border Smog
Reduction Act. I would like to thank the gentleman from Florida (Mr.
Bilirakis) and the gentleman from California (Mr. Bilbray) for working
with me, with the gentleman from Michigan (Mr. Dingell) and with the
gentleman from California (Mr. Waxman) during the Committee on
Commerce's consideration of H.R. 8 to make several important
improvements in the legislation.
During consideration of this legislation by the Committee on
Commerce, my colleagues agreed to an amendment which I offered to study
the effects of the North American Free Trade Agreement on air quality
in communities along the United States-Mexico border. The provision
requires the General Accounting Office to conduct a study comparing the
potential effect of this legislation on air quality in ozone
nonattainment areas with air quality in these same areas caused by
vehicles registered in or operating from Mexico as a result of
implementation of NAFTA.
In November of last year, the Subcommittee on Health and the
Environment held a field hearing in San Diego to hear from witnesses on
the effect of transborder air pollution caused by commuter vehicles on
the air quality of our border region. While in San Diego I had the
opportunity to see firsthand the thousands of trucks, many owned by
American corporations, crossing our border, most of the time without
inspection. Four years after the passage of NAFTA, environmental
conditions on the Mexican border have further decayed, air and water
quality in particular.
It is difficult to imagine that increased commercial truck traffic,
much of it brought on by NAFTA, is not adding significantly to the
nonattainment problems in southern California. Many of us argued during
the NAFTA debate that this agreement would bring more air and water
pollution to an already troubled area. Nothing at that time was done
inside the parameters of the NAFTA agreement.
I am hopeful that our proposed GAO study will shed some light on the
effect this increased traffic under NAFTA is having on air quality in
our border areas. Should this study conclude that the North American
Free Trade Agreement has, in fact, added to the ozone nonattainment
problem in areas like San Diego, I am hopeful my colleagues will work
with me to address this situation.
As passed by the House Committee on Commerce, H.R. 8 will allow
States with serious ozone nonattainment areas located on our southern
border to require foreign registered vehicles entering these areas to
meet State or local vehicle emissions standards. The legislation would
prohibit entry into the United States of vehicles which do not meet
these standards more than twice in a one-year period. H.R. 8 would
allow other States located along the border the option of designing an
alternative approach to requiring foreign registered vehicles to comply
with States' vehicle emission requirements.
Again, I would like to thank my colleagues on the Committee on
Commerce for working with me to address the concerns that many of us
had with this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. BILBRAY. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Lewis), the dean of the California delegation.
Mr. LEWIS of California. Mr. Speaker, I appreciate my colleague for
this very thoughtful piece of legislation. I appreciate the gentleman
from Ohio (Mr. Brown), the ranking member of the subcommittee, for his
assistance as well as this bill has gone forward.
There is something wrong with this picture, Mr. Speaker and Members.
First, I think most people understand that particularly in the summer
months, citizens in southern California become especially concerned
about our air. As the weather warms up, something seems to be ever
present, and oftentimes in my own valley in San Bernardino County one
can hardly see the mountains. Yet over the years we have made very
significant progress as it relates to cleaning the air, particularly
cleaning the impact upon the air that comes from mobile sources.

{time} 1645

The American automobile newly produced today is a clean automobile,
and yet shift the scene just a bit to the south. Cars and trucks
standing in line in both directions on the border puffing smoke, and
the air can absolutely be cut with a knife at this time of the year.
To suggest that those vehicles that are commuting across our border
should not meet the same standards required by American vehicles is
absolutely not acceptable. This legislation will take a significant
step in the direction of solving that problem.
Currently, California law requires that foreign-plated vehicles which
commute daily into the State must meet California vehicle standards.
However, the law is not being enforced

[[Page H5899]]

by Federal agents at the border who do not have the authority
necessary. This bill would provide for that authority. It would lay the
foundation to see that foreign-plated vehicles which do not meet our
standards do not cross our borders.
It is, as the author has suggested, a common sense bill which in a
very practical way addresses this very serious difficulty. The
gentleman from California (Mr. Bilbray) should be commended for this
work. It is a reflection of his past background as a member of the Air
Resources Board in California. He brings that talent to the Congress
and continues to work on the fight for clean air at home as well as
across the country.
Mr. BROWN of Ohio. Mr. Speaker, I yield such time as he may consume
to the gentleman from California (Mr. Filner).
Mr. FILNER. Mr. Speaker, I thank the gentleman from Ohio (Mr. Brown)
for yielding me this time.
Mr. Speaker, I rise in strong support of H.R. 8, the Border Smog
Reduction Act.
As a border Congressman, I am glad to join my colleagues as an
original cosponsor of this legislation to address the critical issue of
unsafe emissions from vehicles that cross the international border into
California.
Mr. Speaker, I am the Representative whose district contains the two
major border crossings between Mexico and California. In that position,
I am fully aware that our location presents our community with a wealth
of unique cultural, social, economic and political opportunities. I
believe this is one reason San Diego is called ``America's Finest
City.''
However, this proximity to our Nation's border also presents us with
unique challenges. One such challenge we must address is the emission
of vehicles that enter our State from Mexico, but do not meet our
State's strict emission standards.
It is an increasing economic reality of life at the border that
commuters from both nations drive across that border to jobs in the
other country and return to their home nation in the evening. Officials
of the San Diego Air Pollution Control District estimate that of the
approximately 45,000 vehicles that cross the San Ysidro border crossing
in my district each day, about 7,000 are commuters.
It is currently against State law for any car or truck to drive on
our roads and highways without the required smog certification. Despite
this, however, and partly due to Mexico's more lax emission standards,
countless cars stream across into California spewing unsafe pollutants
into our air. Unless these vehicles are stopped for other violations,
these emissions go unchecked and unstopped.
The legislation before us today is simply about the personal
responsibility of the owners of these polluting vehicles. Our
legislation will allow border officials to deny entry into our
community any commuter vehicle that is not in compliance with our State
laws governing motor vehicle emissions.
Mr. Speaker, other border States should be aware that the bill
addresses only our situation in California, and does not impose
requirements on any other State.
I also want to assure motorists in the San Diego border area that
this legislation affords a 6-month grace period for owners to obtain
certification that their vehicles meet California State standards.
Mr. Speaker, my constituents in San Diego and Chula Vista and
National City deserve clean air. By requiring greater responsibility by
auto owners, I believe this legislation will help us achieve our goal
of cleaner air for all our communities. I urge my colleagues to support
these efforts.
Mr. BILBRAY. Mr. Speaker, I yield such time as he may consume to the
gentleman from California (Mr. Dreier), the soon-to-be chairman of the
Committee on Rules.
Mr. DREIER. Mr. Speaker, I thank the gentleman from California (Mr.
Bilbray), my soon-to-be friend, for yielding me such time as I may
consume. He has been a friend and will continue to be a friend in large
part because while his Dear Colleague letter said that this is to deal
with border pollution, frankly those of us from the area that the
gentleman describes as northern California, which is Los Angeles, are
actually in fact the beneficiaries of this, too.
Because clearly as we have looked at those automobiles which continue
to pump out horrible pollutants, we have seen many of them on the
freeways of Los Angeles. And so I simply want to rise and congratulate
the vision of the gentleman from California (Mr. Bilbray) to not only
address the needs of the San Diego area, but I believe that they really
transcend those.
I also am particularly privileged to be here with the gentleman from
Ohio (Mr. Brown), my very good friend. He and I for years debated the
North American Free Trade Agreement. I have come to the conclusion that
we today are able to look at issues like those that have been raised in
the area of air quality by the gentleman from California (Mr. Bilbray)
because of the fact that the North American Free Trade Agreement has
focused attention on improving air quality and other environmental
concerns.
So, I simply want to say that as we look at the challenge that is
ahead of us of improving our environment, there is no one who has been
there on the frontline doing it more diligently than the gentleman from
California (Mr. Bilbray).
Mr. Speaker, a spectacular editorial was written by the San Diego
Union-Tribune and should be included in the Record, so I submit that
editorial for inclusion at this point in the Record.

[From the San Diego Union-Tribune, June 27, 1998]

Smog Intervention--Bill Would Aim at Nabbing Mexican Polluters

Mr. Speaker, the editorial points out the fact that the gentleman
from California (Mr. Bilbray) has been working for a long period of
time on this issue, and it ends with a very important message. After
this measure passes the House of Representatives, it is going to need
to go through the United States Senate. So I would implore our
colleagues in the other body to move as expeditiously as possible on
this very important measure.
Mr. BROWN of Ohio. Mr. Speaker, I reserve the balance of my time.
Mr. BILBRAY. Mr. Speaker, I yield 2 minutes to the gentleman from
Iowa (Mr. Ganske).
Mr. GANSKE. Mr. Speaker, the gentleman from California (Mr. Bilbray)
should be commended for this piece of legislation. I have stood at that
border crossing in San Ysidro, and the smog is awful there. It just
does not make sense that U.S. citizens, who have to spend a lot of
their money making sure of the air quality coming out of their cars,
should be seeing the cars that are registered south of the border
coming across that border crossing and spewing a whole bunch of smog
into the environment. It is just not fair.
This legislation takes care of that and makes it so that those cars
that are not attaining the air quality standards of this country cannot
come into the country. This is something that is worked out on a State-
by-State basis.

[[Page H5900]]

It is a good piece of legislation. Every one of our colleagues should
support this, and I commend the gentleman from California for bringing
it to the floor.
Mr. BILBRAY. Mr. Speaker, I yield 4 minutes to the gentleman from
California (Mr. Rohrabacher), the most dynamic representative of the
Surfing Caucus.
Mr. ROHRABACHER. Mr. Speaker, that was ``the most dynamic,'' not the
best surfer in the Surfing Caucus. The most dynamic member of the
Surfing Caucus.
Mr. Speaker, Mexico is our neighbor and I rise in strong support of
this amendment by the gentleman from California (Mr. Bilbray)
concerning our neighbor and our neighbors in Mexico.
Like all neighbors, there are issues that deal with neighborhood
effect, whether it is just an American neighborhood or whether it is a
neighborhood with people who actually are a part of another Nation.
Air and water pollution happens to be within that context of a
neighborhood effect, and we must be neighborly, and we have tried to be
neighborly with our Mexican neighbors. But we also have to watch out
for the interests of our own people.
Mr. Speaker, what is unfortunate is that in recent years it seems
that we have been treating our own people worse than what we treat
people of another country, in this case Mexico.
I might add that this is not totally inconsistent with what our
government seems to be doing in many areas of the world, which is
treating our own people with more restrictions and with a harder hand
than we treat people of other countries. I do not know why that is.
That seems to be the way it is in many situations.
It is only good and proper that the people of Mexico who travel to
the United States almost on a daily basis have the same standards,
pollution standards, that they have to deal with with their automobiles
as we do. Otherwise, what will be the result?
I would like to look at one result that the gentleman from California
(Mr. Bilbray) has not looked at so far. Yes, we are talking about air
pollution and it is wrong that there are cars from another country
coming in that do not have the same standards as our own automobiles,
and, yes, we do not want to have air pollution, but we also want to
maintain an amicable relationship with these people who are our
neighbors.
How long will people have good will towards someone when they see
automobiles coming down their streets pumping pollution? How much
longer will the people of the various communities near the border or
even further north into Los Angeles and Orange Counties have a spirit
of good will towards the people of Mexico if they see a car coming from
Mexico spilling this pollution into the air and putting contaminants
into the lungs of our children and our families, when they themselves,
of course, must go through stringent regulation and go through time and
effort and expense to see that their own automobiles are not polluting
and not, thus, affecting the health in a detrimental way of their
neighbors who are American citizens?
No, if we let this go on, there will be a breakdown in the good will
of people who are our neighbors, who are our friends, who should be our
friends and it is up to us to ensure that this spirit of friendship, as
well as neighborliness, is present, and to do that we must be
scrupulously fair and must insist on fair and equal not only treatment
and not only rights but responsibilities of people who come into our
country and do so on a daily basis to work.
Finally, I would like to note that the gentleman from California (Mr.
Bilbray) has been providing leadership on issues of cross-border
pollution control since early in his career. Most people in this body
may not realize that he was mayor of Imperial Beach when there was
pollution coming down from a stream from Mexico into the United States
into his community, and when some bureaucrats got in the way of
correcting that situation, the gentleman from California (Mr. Bilbray)
got onto a bulldozer and used that bulldozer to prevent that stream
from sending its polluted waters into the American territory. This made
him famous among the people of his area and eventually landed him here
in Congress.
All of us have a chance now to join the gentleman from California in
this issue of cross-border pollution and watch out for the interests of
the American people, which is after all our primary job as Members of
the United States Congress.
Mr. BILBRAY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would like to thank my colleague from the Surfing
Caucus for his kind words. Sadly, the pollution has closed our beaches
in Imperial Beach this weekend so there are still battles to be fought
there. I would just like to ask the ranking member if he has any more
speakers or if he would like to make a closing statement?
Mr. Speaker, at this time I would ask for support of H.R. 8, but let
me just point out, again, that, first of all, I want to apologize. I
think we should all apologize to the people that live on the border
region, that this body has had to spend 3\1/2\ years talking about
doing something to help the environment and we have not taken action.
It happens to be the nature of the creature. Congress moves slow. The
Federal Government moves slow and let us just hope that the Senate will
take up this bill and move it forward.
At the time that Smog Check 2 is going to be mandated, is being
mandated, by the Federal Government on the people of California, it is
essential that we get H.R. 8 through to show fairness and equity and we
believe that everyone should be responsible for the environment, no
matter where they live or where they commute in from.
Mr. Speaker, I would ask for the passage of H.R. 8 and ask for
unanimous support from Congress as we received it from the full
committee, and I thank the ranking member for his help today here on
this bill.
Mr. BROWN of Ohio. Mr. Speaker, I urge Members to support the bill.
Mr. PACKARD. Mr. Speaker, I rise today to commend a fellow San
Diegan, Congressman Brian Bilbray (R-CA), on his leadership in helping
to reduce air pollution in southern California. Mr. Bilbray's
legislation, The Border Smog Reduction Act of 98, H.R. 8, is a
bipartisan approach to improving border air quality and strengthening
our pollution control strategies in the state of California. It is
focused on foreign commuter vehicles which often emit a
disproportionately high level of pollutants along the border region.
Mr. Speaker, enacting this legislation could curb vehicular smog in San
Diego by as much as 13 percent.
Many of the Mexican-registered vehicles, while driven by individuals
who come legally into the U.S. for work or for school, lack the same
smog controls required on all cars registered to the state of
California. This bill would allow the Customs Inspector to require a
smog certificate for any vehicle before entering into the United States
and would empower border agents to prohibit any car from entering
without one.
I support this bill, as it will target and reduce a known and
identified source of air pollution. It will improve air quality in the
environment, and will benefit children and other vulnerable populations
on both sides of the border.
Mr. Speaker, I strongly support the Border Smog Reduction Act of 98
and urge the support of all other members as it will improve our
overall environment and public health.
Mr. CUNNINGHAM. Mr. Speaker, I rise to support H.R. 8, the Border
Smog Reduction Act of 1998. Introduced by my San Diego congressional
delegation colleague, Representative Brian Bilbray, H.R. 8 is a
practical and bipartisan approach to improving border air quality and
strengthening our air pollution control strategies. It will give the
federal government the authority it needs to help enforce state vehicle
emissions requirements, without imposing new mandates or burdens on
local government or the business community.
In California, H.R. 8 will help to reduce high levels of smog-forming
compounds from commuter vehicles driven across the border every day by
people coming in to work or going to school legally in the U.S. Under
existing state law, these vehicles are supposed to be in compliance
with California's strict emission standards. But most presently are
not, due to the current inability to enforce state law at the border.
H.R. 8 will extend this enforcement ability to federal border
inspectors at the points of entry, who will have the authority to
ultimately turn away foreign-registered vehicles which cannot be shown
to be in compliance with these emissions standards.
H.R. 8 does not restrict an individual's legal access to the U.S. It
is focused on gross-polluting commuter vehicles which emit a
disproportionately high level of pollutants along our border region. In
San Diego County, stringent controls exist on all stationary sources,

[[Page H5901]]

and all cars must be smog tested to standard in order to be registered.
H.R. 8 will simply help to level the playing field, and target and
reduce a known pollution problem. While it would initially apply only
to California, other border states are given the flexibility to
implement the authority of the bill as they might see fit in the
future. It is important to note that H.R. 8 places no new mandates or
requirements on other states.
I am pleased to be a cosponsor of this measure, and I urge all of my
Colleagues to support this common-sense legislation.
Mr. WAXMAN. Mr. Speaker, I rise to speak on H.R. 8, The Border Smog
Reduction Act of 1998.
I want to commend Chairman Bliley, Chairman Bilirakis, Representative
Bilbray, Representative Brown, and Representative Stupak for working
together to perfect this bill. H.R. 8 has been significantly improved
from the version originally introduced.
As currently written, this legislation will make a modest improvement
over current law authorizing the federal government to assist States in
efforts to control air pollution from vehicles registered in foreign
countries.
This legislation is not perfect and I remain concerned about an
approach which statutorily restricts vehicles from entering the San
Diego border more than twice in any one year. I question whether it
will be possible to inspect and repair vehicles commuting daily from
Mexico in only two visits. It's not difficult to imagine a host of
problems when this plan is actually implemented.
Additionally, I think it's a mistake to exclude commercial traffic in
San Diego from federal enforcement, when light-duty commercial traffic
is responsible for the same types of air pollution problems that
noncommercial traffic is. In effect, this legislation will focus on
pollution from commuting workers and students, while ignoring pollution
from commercial vehicles.
Notwithstanding these reservations, I commend Representative Bilbray
for resolving most of my concerns. I am especially pleased that
California will have the option of changing their program from the
prescriptive one mandated in this legislation.
I also want to commend Representative Brown for a study he has
sponsored that will analyze the impacts on air quality associated with
the passage of the North American Free Trade Act. This will provide
critical information for future efforts to control the adverse
environmental effects of foreign diesel trucks entering our country.
Mr. BROWN of Ohio. Mr. Speaker, I yield back the balance of my time.
Mr. BILBRAY. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Bilbray) that the House suspend the
rules and pass the bill, H.R. 8, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.

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